Sec. 2. Department of Labor certification of qualified entities

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In this section: The term applicable construction project , with respect to an entity, means construction by the entity of any property described in section 45L, 48D, or 179D of the Internal Revenue Code of 1986. The term covered project labor agreement means a project labor agreement that— binds all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents; allows all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise a party to a collective bargaining agreement; contains guarantees against strikes, lockouts, and other similar job disruptions; sets forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the covered project labor agreement; and provides other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health.

The term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is described in section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) ). The term qualified entity means an entity that the Secretary of Labor certifies as a qualified entity in accordance with subsection (b). The term registered apprenticeship program has the meaning given the term in section 171 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3226 ).

The Secretary of Labor shall establish a process for certifying entities that submit an application under paragraph

(2)as qualified entities for purposes of the amendments made by sections 3, 4, and 5. An entity seeking certification as a qualified entity under this subsection shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary may reasonably require, including information to demonstrate compliance with the requirements under paragraph (3). Not later than 1 year after receiving an application from an entity under subparagraph (A)— the Secretary of Labor may request additional information from the entity in order to determine whether the entity is in compliance with the requirements under paragraph (3); and the entity shall provide such additional information. The Secretary of Labor shall make a determination on whether to certify an entity under this subsection not later than— in a case in which the Secretary requests additional information described in subparagraph (B)(i), 1 year after the Secretary receives such additional information from the entity; or in a case that is not described in clause (i), 1 year after the date on which the entity submits the application under subparagraph (A). The Secretary shall consider any corrective actions taken by an entity seeking certification under this subsection to remedy an administrative merits determination, arbitral award or decision, or civil judgment identified under paragraph (3)(A)(iv) and shall impose as a condition of certification any additional remedies necessary to avoid further or repeated violations. The Secretary of Labor shall require an entity, as a condition of certification under this subsection, to satisfy each of the following requirements: The entity shall ensure that all laborers and mechanics employed by contractors and subcontractors in the performance of any applicable construction project shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). The entity shall give preference in hiring to workers who— have been previously employed in the fossil fuel industry; are members of deindustrialized communities; or are members of communities with a significant presence of fossil fuel infrastructure or operations. The entity shall be a party to, or require contractors and subcontractors in the performance of any applicable construction project to consent to, a covered project labor agreement. The entity, and all contractors and subcontractors in performance of any applicable construction project, shall represent in the application submitted under paragraph

(2)whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the entity in the preceding 3 years for violations of— the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.); the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.); the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq.); the National Labor Relations Act ( 29 U.S.C. 151 et seq.); subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ); chapter 67 of title 41, United States Code (commonly known as the Service Contract Act ); Executive Order 11246 ( 42 U.S.C. 2000e note; relating to equal employment opportunity); section 503 of the Rehabilitation Act of 1973 ( 29 U.S.C. 793 ); section 4212 of title 38, United States Code; the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq.); title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.); the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq.); Executive Order 13658 (79 Fed. Reg. 9851; relating to establishing a minimum wage for contractors); or equivalent State laws, as defined in guidance issued by the Secretary of Labor. The entity, and all contractors and subcontractors in the performance of any applicable construction project, shall not require mandatory arbitration for any dispute involving a worker engaged in a service for the entity. The entity, and all contractors and subcontractors in the performance of any applicable construction project, shall consider an individual performing any service in such performance as an employee (and not an independent contractor) of the entity, contractor, or subcontractor, respectively, unless— the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; the service is performed outside the usual course of the business of the entity, contractor, or subcontractor, respectively; and the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. The entity shall prohibit all contractors and subcontractors in the performance of any applicable construction project from hiring employees through a temporary staffing agency unless the relevant State workforce agency certifies that temporary employees are necessary to address an acute, short-term labor demand. The entity shall require all contractors, subcontractors, successors in interest of the entity, and other entities that may acquire the entity, in the performance or acquisition of any applicable construction project, to have an explicit neutrality policy on any issue involving the organization of employees of the entity, and all contractors and subcontractors in the performance of any applicable construction project, for purposes of collective bargaining. The entity shall, for each skilled craft employed on any applicable construction project, demonstrate an ability to use and commit to use individuals enrolled in a registered apprenticeship program, which such individuals shall, to the greatest extent practicable, constitute not less than 20 percent of the individuals working on such project. The entity, and all contractors and subcontractors in the performance of any applicable construction project, shall not request or otherwise consider the criminal history of an applicant for employment before extending a conditional offer to the applicant, unless— a background check is otherwise required by law; the position is for a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code) position; or the Secretary, in consultation with the Secretary of Energy, certifies that precluding criminal history prior to the conditional offer would pose a threat to national security. The Secretary of Labor shall have, with respect to the labor standards described in subparagraph (A)(i), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. A certification made under this subsection shall be in effect for a period of 5 years. An entity may reapply to the Secretary of Labor for an additional certification under this subsection in accordance with the application process under paragraph (2). The Secretary of Labor may revoke the certification of an entity under this subsection as a qualified entity at any time in which the Secretary determines the entity is no longer in compliance with paragraph (3). There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2019 and each fiscal year thereafter.

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